A Panel Presentation to the 60th Annual Meeting of the National Federation of Catholic Physicians’ Guilds at Ann Arbor, Michigan, October 12, 1991.
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References
1.
See Roc v. Wade, 93 S. Ct. 705, 732-33 (1973); Doe v. Bolton, 93 S. Ct. 739, 747 (1973).
2.
SeeAmericans United for Life, Executive Summary: Abortion and Moral Beliefs, A Survey of American Opinion2, 13–15 (1991); Gallup Poll: America is Pro-Life, The Washington Times, Feb. 28, 1991, at G2. See also Bronner, “Most in US Favor Ban on Majority of Abortions, Poll Finds.” The Boston Globe, Mar. 31, 1989, at 1 (discussing other, earlier Gallup poll results).
3.
See Americans United for Life, supra note 2, at 1, 5, 10. See also News Polls — “Vast Majority Oppose Abortions,” Right to Life of Greater Cincinnati, Inc. Newsletter, April 1989, at 2 (discussing 1989 Los Angeles Times poll results).
4.
SeeWebster v. Reproductive Health Services, 109 S. Ct. 3040 (1989).
5.
SeeRiceC., No Exception: A Pro-Life Imperative 73 & nn. 195-66 (1990). See also Utah: “Pro-Life Bill Rushing Through the Legislature,” 1 The Abortion Report, Jan. 22, 1991, at 1, 2 (discussing introduction and enactment of Utah “exceptions” bill); Utah “Bangerter Signs Pro-life Bill; To Be Challenged,” 1 The Abortion Report, Jan. 28, 1991, at 1-3. “Exceptions” bills may be drafted in various ways. The text discusses one typical example. “Exceptions” bills are alike in one key aspect, however: They explicitly make legal the abortion of certain classes of babies. Failure to protect all babies does not, in and of itself, label a measure as an “exceptions” bill, though. If legislation can be drafted that, on its face, does not expressly legalize the abortion of certain babies, technically, it is not an “exceptions” bill. In considering such a measure with no explicit exceptions, however, one must pay careful attention to the message a bill with implied exceptions might send to the general public. For instance, measures to protect a certain class of babies (e.g., those aborted for sex selection or after viability) or stop certain types of abortion (e.g., saline abortions) would not necessarily contain explicit exceptions. They could infer, however, that some abortions are worse than others — and this is not a message that educates the public on the value of all human lives or on the inhumanity and danger of all abortions. This concern is heightened by the realization that, like explicit “exceptions” bills, implied “exceptions” bills will likely stop few if any abortions.
6.
See Rice, supra note 5, at 73 & nn. 195-96.
7.
See Americans United for Life, supra note 2, 5-8 (based on 1990 Gallup poll, within first three months, majority approve of abortion in roughly the four “exceptions” circumstances; after first three months, a majority approve of abortion only in life of the mother and incest “exceptions” circumstances); Bronner, “Most in US Favor Ban on Majority of Abortions, Poll Finds,” The Boston Globe, Mar. 31, 1989, at 1 (based on 1989 Boston Globe/WBZ poll, majority favor ban in roughly four “exceptions” circumstances).
8.
SeeTorres & Forrest, “Why Do Women Have Abortions?,”20Family Planning Perspectives169, 170-72 (1988).
9.
As evident from the footnotes, this paper relies heavily on Professor Rice's No Exception: A Pro-life Imperative (1990). Also heavily relied upon, but not footnoted in every instance, is A.L.L.'s Exceptions: Abandoning “The Least of These My Brethren” (1990) written by Judie Brown, President of A.L.L., and Brian Young, J.D., Executive Director of American Life Lobby [hereinfater Brown & Young]. Both works are available from American Life League, Inc., P. O. Box 1350, Stafford, VA 22554, and are highly recommended for those who wish a more detailed analysis of the points discussed herein.
10.
See Myers, “The Obligations of Catholics and the Rights of Unborn Children”57Linacre Quarterly, Aug. 1990, at 15, 18 (pastoral statement by Most Reverend John J. Myers, Bishop of Peoria, Ill.), See Also Rice, supra 5, at 3-4 & nn. 2-9.
11.
Rice, supra note 5, at 90.
12.
Egan, “Abortion is Clear-cut to a Potential Target,”Catholc Standard, July 25, 1991, at 7.
13.
See, e.g., American Life League, Inc., Abortion: Your Risks (1990).
14.
See infra p. 8 and notes 22-23.
15.
Rice, supra note 5, at 76.
16.
See id. at 75 & n. 200.
17.
Id. at 75.
18.
Id.
19.
See, e.g., “New York: Pro-life Legislators Backing Parental Notice,” 1 The Abortion Report, May 20, 1991, at 4 (statement by ACLU Reproductive Freedom Project's Kathryn Kolbert carried in May 16, 1991 Newsday: “We are seeing more states trying to enact these [parental involvement] laws, and we oppose all these bills — whether they're one parent, or two parent, consent or notification — because we believe they send young women back to the back alleys.”).
20.
American Life League Inc., “Rape and Incest Exception Not Needed and Unwarranted”3-5, 8(1988) (quoting from the Congressional Record remarks made by BlileyHon Thomas J.Jr. (R-Va.) in the U.S. House of Representatives on July 25, 1983).
21.
Neuhaus, “Boys and Girls: The Long Way Back to the Obvious,”13First Things, May 1991, at 65, 67 (quoting the “experts”).
22.
Brown, & Young, supra note 9, at 22 (quoting Dr. Nathanson's Feb. 16, 1990 written statement to the Idaho House of Representatives’ State Affairs Committee).
23.
Id. at 21-22 (citing The Case for Legalized Abortion 9, quoted inArkesH., First Things397–98 (1986). See also Rice, supra note 5, at 74 & n. 197 (citing additional support for the absence of “life of the mother” situations).
24.
Marshall, & Brown, “Are Exception Clauses Pro-Life?,”9A.L.L. About Issues, July-Aug. 1987, at 24, 25-26 (referencing, and citing other examples from, 1986 U.S. Department of Health and Human Services Inspector General report).
25.
Brown, & Young, supra note 9, at 25-26 (citing Gleicher, M.D. & Elkayam, M.D., “Birth Control and Abortion in the Cardiac Patient,” inCardiac Problems in Pregnancy: Diagnosis and Management of Maternal and Fetal Disease307 (ElkayamU., & GleicherN. eds. 1982).
26.
Model bills covering several of these areas are available from American Life League, Inc. See supra note 9 for the address.
27.
SeeScheidler, “Don't Tout Abortion With Taxpayer Dollars,”USA Today, June 6, 1991, at 10A.
